Cupertino Municipal Code Art. I Tentative Subdivision Maps

The tentative map shall be prepared in a manner acceptable to the Department of Community Development, shall be prepared by a registered civil engineer or licensed surveyor, and shall be accompanied by those data and reports required by the Department of Community Development.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. The tentative map shall be considered for filing only when such map conforms to Section 18.16.010 and when all accompanying data or reports, as required by the Department of Community Development have been submitted and accepted by the Department of Community Development.

B. The subdivider shall file with the Department of Community Development the number of tentative maps the Director of Community Development may deem necessary.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. The Department of Community Development shall forward copies of the tentative map to the affected public agencies which may, in turn, forward to the Department of Community Development their findings and recommendations thereon. Public utilities and agencies shall certify that the subdivision can be adequately served.

B. Within five days of the tentative map application being determined to be complete pursuant to Government Code Section 65943, the local agency shall send a notice of this determination to the governing board of any elementary school, high school or unified school district within the boundaries of which the subdivision is proposed to be located. The notice shall identify information about the location of the proposed subdivision, the number of units, density and any other information which would be relevant to the affected school district. Within fifteen days of receiving the notice the school district may make recommendations to the City regarding the effects of the proposed subdivision upon the school district. If the school district fails to respond within fifteen days, the failure to respond shall be deemed approval of the proposed subdivision by the school district. The City shall consider any recommendations from the school district before acting on the map.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. Upon receipt of a valid application, the Director of Community Development shall set the matter for public meeting. At least ten calendar days before the public meeting, he or she shall cause notice to be given of the time, date and place of the meeting including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved.

B. The notice shall be published at least once in a newspaper of general circulation, published and circulated in the City.

C. In addition to notice by publication, the City shall give notice of the meeting by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed changes.

D. In addition, in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, notice shall be given as required by Government Code Section 66451.3(d).

E. In addition, notice shall be given by first class mail to any person who has filed a written request with the Department of Community Development. The City may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

F. Substantial compliance with these noticing provisions shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter.

G. The Planning Commission shall recommend approval, conditional approval or denial of the tentative map and shall report its decisions to the City Council and the subdivider within fifty days after the tentative map has been filed, unless the project requires an Environmental Impact Report or Negative Declaration.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. In approving or conditionally approving the tentative subdivision map, the Planning Commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable general or specific plans adopted by the City.

B. The Planning Commission may modify or delete any of the conditions of approval recommended in the Department of Community Development's report, except conditions required by City ordinance, related to public health and safety or standards required by the City Engineer, or add additional requirements as a condition of its approval.

C. If no action is taken by the Planning Commission within the time limit as specified, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable provisions of the Map Act and other applicable case law, this title or other City ordinances, and it shall be the duty of the City Clerk to certify the approval.

D. This provision does not apply to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing structure unless new units are to be constructed or added.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. The tentative subdivision map may be recommended for denial by the Planning Commission on any of the grounds provided by City ordinances or the State Subdivision Map Act.

B. The Planning Commission shall deny approval of the tentative map if it makes any of the following findings:

1. That the proposed map is not consistent with applicable general and specific plans;

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

3. That the site is not physically suitable for the type of development;

4. That the site is not physically suitable for the proposed density of development;

5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; provided, however, the City may approve a tentative subdivision map if an environmental impact report was prepared with respect to the proposed subdivision and detailed findings were made pursuant to Public Resources Code Section 21081(a)(3) that specific economic, social, or other considerations make infeasible the mitigation measure or project alternatives identified in the environmental impact report;

6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

7. That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. This provision does not apply to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing structure unless new units are to be constructed or added.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

If a tentative map is recommended for approval or denial by the Planning Commission, the Department of Community Development shall make a written report to the City Council. This report shall be placed on the City Council agenda at the next regular meeting following receipt of the report, unless the subdivider consents to a continuance. The Council may review the map and the conditions imposed by the Planning Commission. The City Council may deny the tentative map on any of the grounds contained in Section 18.16.060.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

The time limits set forth above for acting on the tentative map may be extended by mutual consent of the subdivider and the recommending body or the City Council.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. The approval or conditional approval of a tentative subdivision map shall expire thirty-six months from the date of City Council approval. An extension or extensions may be approved as provided in Section 18.16.100, or when required by the Map Act.

B. The period of time specified hereinabove shall not include any time during which a development moratorium is in effect as specified in Section 66452.6(b) of the Map Act nor shall include any period which involves litigation as described in Section 66452.6(c) of the Map Act.

C. Notwithstanding any provision to the contrary, if a subdivider is subject to a requirement of two hundred thirty-six thousand, seven hundred and ninety dollars or more to construct or improve or finance the construction of or improvement of public improvements outside the boundaries of the tentative map, each filing of a final map authorized by Government Code Section 66456.1 (multiple final maps), shall extend the expiration of the approval or conditionally approved tentative map by thirty-six months from the date of its expiration or the date of the previously filed final map, whichever is later; provided, however, the extension shall not extend the tentative map more than ten years from its approval.

D. Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand, seven hundred and ninety dollars shall be annually increased by operation of law according to the adjustment for inflation set forth in the Statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.

E. Notwithstanding any provision to the contrary, a tentative map on property subject to a development agreement authorized by Government Code Section 65865 et seq. may be extended for the period of time provided for in the agreement, but not beyond its duration.

F. Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map.

(Ord. 2085, § 2 (part), 2011; Ord. 1433, (part), 1988; Ord. 1384, Exhibit A (part), 1986)

A. Request by Subdivider. Upon application of the subdivider filed prior to the expiration of the tentative map, the time at which the map expires may be extended by the Director of Community Development for a period or periods not to exceed a total of six years. Prior to the expiration of a tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for sixty days or until the application is approved or denied, whichever occurs first.

B. Planning Commission Action. The Director of Community Development shall review the request and submit the application for the extension, together with a report, to the Planning Commission for approval or denial. A copy of the Planning Director's report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. The resolution adopted by the Planning Commission approving an extension shall specify the new expiration date of the tentative subdivision map. If the Planning Commission denies a subdivider's application for extension, the subdivider may appeal to the City Council within fourteen days after denial.

(Ord. 2085, § 2 (part), 2011; Ord. 1433, (part), 1988; Ord. 1384, Exhibit A (part), 1986)

A. Minor changes in the tentative map may be approved by the Director of Community Development upon application by the subdivider or on its own initiative, provided:

1. No lots, units or building sites are added;

2. The changes are consistent with the intent and spirit of the original tentative map approval;

3. There are no resulting violations of the City of Cupertino Municipal Code.

B. Any revision shall be approved by the Director of Community Development and the City Engineer. The amendment shall be indicated on the approved map and certified by the Director of Community Development and the City Engineer.

C. Amendments of the tentative map other than minor shall be presented to the original approval authority for approval. Processing shall be in accordance with Sections 18.16.030 through 18.16.080.

D. Any approved amendment shall not alter the expiration date of the tentative map.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)